The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-23
Aliens Are at Liberty to Loan Money on Amer
lean Property, but Cannot Take the Land
in Case the Loan Is Not Paid When Due.
Gen. Black Opens the Campaign Early,
and Makes Unfortunate Comparisons.
Little Probability that the Movement for the
Pardon of Convict Fish Will Be Success
full = General Washington News.
ALIEN LAND OWNERSHIP.


Constituting the New Law.
WASHINGTON. July 22-The following is the
text of the Attorney generals opinion with re-
gard to the restrict ownership of real es-
tate in the Territories to American citizens:
ITO the President:
"a reply to your inquiries m ust be derived
from an Interpretation of the act eff March ;.
real estate in the Territories to American citi-
zens ETC.. The inquiries
..First-Was the act intended 70 apply, and
does III apply, to mines!
'.Second-Can aliens lawfully acquire own
and hold shares of stock issued by American
corporation which is the owner of mineral lands
in the Territories2
''Thrd-Would the advancement of money by
aliens for the purpose OF developing mining
property be lawful under the actl
''Fourth-Can aliens lawfully contract with
American owners for working mines or making
any proper use Of mineral lands for a term Of
yearsf"
1.-The first section OF the act forbids aliens
who have not declared their intention TO become
citizens of the United States, and alien corpora
tions. to hereafter acquire hold real
estate Sc hereafter acquired any interest
therein in the Territories of the United States
in the District of Columbia, except in the cases
enumerated in the exception and proviso to the
section. The second section forods the operat-
ing, holding or owning Of such real estate here
after acquired by any corporation association
in which more than 20 per cent of the stock is
or may be owned by persons, corporations
associations not citizens of the United States.
The third section torbids corporations other
than railway, canal or turnpike companies
to hereafter acquire. hold more than s.
600 acres of land hereafter acquired, and limits
railway, canal and turnpike companies in their
acquisition, to such lands as may be necessary
to the proper operation of their roads, canals
and turnpikes The fourth section provides for
forfeiture of the property for violations of the
provisions of the act. The property forbidden
to be acquired, held or owned in the first
ton is real estate any interest therein. The
term real estate is very comprehensive. 1t in
cludes lands, and every estate that may be in
herited which is annexed to- arises out of, or is
exercisabl, therein. This term embraces agri-
cultural, mineral, desert and timber lands and
town sites alike. The phrase ANY interest
therein is somewhat ambiguous. 1t
might bear the construction that
lease for years is an INTEREST in lands,
and land is real estate, therefore lease
for years Is an interest IN real estate 1t admits
of another construction, viz: That the words
ANY interest therein must refer interest in
real estate; that a lease for years. any estate
less than n freehold In land, is not real estate,
bat chaLtel-real, and Is SO known IN the law;
that the word therein refers to what in law is
known as real estate, and as lease for years is
not so known, it does not include a lease. In
this view of the act the term would signify any
proportionate part or interest IN what
is known in law real property which,
as such would pass at the death of the ancestor
to the neir, aud not to the administrator or ex-
ecutor. jr not the purpose of the law to
change the whole policy of the government TO
such extent to exclude emigration and for
bid to alien lawful temporary resi-
dence in the Territories of the government and
the District of Columbia. Yet the first con-
struction suggested would effect that result;
der it the owner of property In the District or
Columbia could not lawfully lease, even
for month, dwelling to one not citizen.
The alien emigrant to the Territories who had
hoped and intended. a citizen In the future,
to make his home there, could not lawfully OBJ
tain building in which to shelter his family.
Such considerations these enforce the
that the latter construction is in accordance
with the intent of the legislation. and that bona
fide leases not intended to come within this
inhibition of the act The exec eption to the first
section relieves from its provisions such real es-
tate or interest therein as may be ACQUIRED IN
the ordinary course of justice the collection
of debts contracted before the passage of the
act but those provisions attach with full force
to debts contracted since its passage.
1.-The expression in the section no corporation
y shall hereafter acquire or hold own
any real estate hereafter acquired relates to all
future operations of any corporation In real
tate, in the Territories or the District OF Colum
bia. 1t does not divest any rights now existing.
preclude American corporations from hold
ing real estate now owned by them, even
although more than 20 per cent of their stock
may be owned by other than citizens; but in
case more than 20 per cent. of their stock now is
any future time should be held and owned
by others not citizens or American corporations,
while such per cent. of stock is held and
owned further acquisition ID made of real
estate by any such corporation The act does
not deny the right of American owners to bor-
row money FROM aliens, nor to secure such loant
real estate, but in the event or a sale on q
future loan the alien creditor could not at such
sale, become purchaser l therefore reply &c
the inquiries su omitted as follows:
"First-As to mines and real estate. or inheri-
table interest in real estate, the act does apply
to them.
..Second-As stock in a corporation is person,
atty, an alien lawfully have, own and hols
shares of stock issued by an American corpora.
tion which is now the owner of mineral lands ir
Territories; but if the holding by aliens
ceeds 20 per cent. such corporation can neither
acquire. hold, own. nor hereafter acquire rea
estate while more than 20 per cent of the stock
is held aud owned by aliens
''Third-U nder the act. the advancement OF
money hereafter by aliens for the purpose OF
developing mining property Is lawful. but
interest in the real estate be acquired by
such advancement, nor would an alien have the
right to purchase the real estate, any inter
est therein, on a loan made since the passage OF
the act even if sold on his own security or lien.
.sFourth-Aliens may lawfully contract with
American owners work mines by persona
contracts for hire, by bora ide leases, for
reasonable time.
II am sir, with respect.
"A FL. GARLAND Attorney general"
aCxx,C f,ArTpaJGN WORK.